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Madras High CourtCRL OP/28597/2018allowed

D.Gnanasekar v. State By

2018-12-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.28597 of 2018 and CRL.M.P.Nos.16640 & 16641 of 2018 D.Gnanasekar ... Petitioner/5th Accused Vs.

1. State by: Inspector of Police, Hasthampatty Police Station, Salem District.

... Respondent/Complainant

2. Sureshkumar.

3. M.Selvageethan.

...Respondents/Defacto Complainants

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records and quash all the proceedings against the petitioner in C.C.No.110 of 2009 on the file of the Judicial Magistrate No.3, Salem in Crime No.376 of 2009 on the file of the Inspector of Police, Hasthampatty Police Station, Salem District.

For Petitioner : Mr.B.Vasudevan For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.110 of 2009, pending on the file of the learned Judicial Magistrate No.3, Salem.

2. The petitioner is added as A5 in the final report. The final report was filed for an offence under Sections 147, 341 and 294(b) IPC.

3. It is seen from the records that this Court has already quashed the proceedings in so far as the A1,A2,A3,A4,A6 and A7 are concerned by various orders in the petitions filed by the concerned accused persons.

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4. In view of the above, no useful purpose will be served in keeping the proceedings pending and the orders passed in favour of the other accused persons, will enure to the benefit of this petitioner also. After all, the dispute is as among the advocates in an incident, which is said to have take place in the Court premises.

5. In the result, the proceedings in C.C.No.110 of 2009 on the file of the Judicial Magistrate No.3, Salem is hereby quashed. Accordingly, this Criminal Original Petition is allowed. Consequently, Connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gbi/rm To

1. The Judicial Magistrate No.III, Salem.

2. The Inspector of Police, Hasthampatty Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.B.Vasudevan, Advocate Sr.No.84504 CRL.O.P.No.28597 of 2018 and CRL.M.P.Nos.16640 & 16641 of 2018 CNR(CO) CSL/28.12.2018 https://hcservices.ecourts.gov.in/hcservices/